ContractBitNile Holdings, Inc. • November 8th, 2022 • Electronic components, nec • New York
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN Sections 6.1 and 6.2 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN A TRANSACTION EXEMPT FROM REGISTRATION AND PROSPECTUS DELIVERY REQUIREMENTS UNDER THE ACT.
LOAN AND guaranty AGREEMENTLoan and Guaranty Agreement • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
This LOAN AND guaranty AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) dated as of November __, 2022 (the “Closing Date”), is entered into among Bitnile holdings, inc., a Delaware corporation (“Borrower Representative”), Third Avenue APARTMENTS LLC, a Delaware limited liability company (the “Florida Property Owner”), Alliance Cloud Services, LLC, Delaware limited liability company (the “Michigan Property Owner”), BitNile, Inc., a Nevada corporation (“BitNile”), Ault AVIATION, LLC, a Nevada limited liability company (“Aviation” and together with Borrower Representative, the Florida Property Owner, the Michigan Property Owner, BitNile and each other Person from time to time party hereto as a borrower, collectively, “Borrowers”, and each, a “Borrower”), AULT Lending, LLC, a California limited liability company (“Ault Lending”), AULT & COMPANY, INC., a Delaware corporation (“ACI”), Milton “Todd” Ault, III, a natural person (“Personal
AIRCRAFT MORTGAGE AND SECURITY AGREEMENT between JGB COLLATERAL, LLC, as collateral agent and AULT AVIATION, LLC Aircraft: One (1) Gulfstream Aerospace model GV-SP (G550) (described on the International Registry Manufacturer's List as GULFSTREAM model...Aircraft Mortgage and Security Agreement • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
THIS AIRCRAFT MORTGAGE AND SECURITY AGREEMENT ("Mortgage") dated as of the ____ day of November, 2022, by and between AULT AVIATION, LLC, a limited liability company formed under the laws of the State of Nevada having its headquarters at 11411 Southern Highlands Parkway, Suite 240, Las Vegas, NV 89141 ("Mortgagor"), and JGB COLLATERAL, LLC ("Collateral Agent"), a limited liability company formed under the laws of the State of Delaware, having its headquarters at 21 Charles Street, Westport CT 06880, as collateral agent for the Lenders (as defined below).
FUTURE ADVANCE MORTGAGE (Commercial Property)Future Advance Mortgage • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
THIS IS A FUTURE ADVANCE MORTGAGE made November __ , 2022, between ALLIANCE CLOUD SERVICES, LLC, a Delaware limited liability company, (“Mortgagor”), JGB COLLATERAL LLC, a Delaware limited liability company, as administrative agent and collateral agent (in such capacity, together with its successors, “JGB Agent”).
Prepared by and return to: ANDREW M. SHAPIRO, ESQ. SHAPIRO, P.A.Mortgage and Security Agreement • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • Florida
Pledge AgreementPledge Agreement • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
This PLEDGE AGREEMENT (this “Agreement”) is entered into as of __________, 2022, by BitNile, Inc., a Nevada corporation with a primary address of 11411 Southern Highlands Parkway, Suite 240, Las Vegas, NV 89141 (the “Pledgor”) in favor of JGB Collateral LLC, as administrative agent and collateral agent (“Secured Party”) for the Lenders (as defined in the Loan Agreement referred to below) and acknowledged and agreed to by Alliance Cloud Services, LLC, a Delaware limited liability company (“Alliance”).
Pledge AgreementPledge Agreement • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
This PLEDGE AGREEMENT (this “Agreement”) is entered into as of __________, 2022, by Ault Alliance, Inc., a Delaware corporation with a primary address of 11411 Southern Highlands Parkway, Suite 240, Las Vegas, NV 89141 (the “Pledgor”) in favor of JGB Collateral LLC, as administrative agent and collateral agent (“Secured Party”) for the Lenders (as defined in the Loan Agreement referred to below) and acknowledged and agreed to by Ault Aviation, LLC, a Nevada limited liability company (“Aviation”).
Security AgreementSecurity Agreement • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
WHEREAS, the Grantor is entering into that certain Loan and Guaranty Agreement, dated as of the date hereof, by and among the Grantor, BitNile Holdings, Inc., a Delaware corporation, Third Avenue Apartments LLC, a Delaware limited liability company, Alliance Cloud Services, LLC, Delaware limited liability company, Ault Aviation, LLC, a Nevada limited liability company, Ault & Company, Inc., a Delaware corporation, Ault Lending, LLC, a California limited liability company, Milton “Todd” Ault, III, a natural person, the lenders from time-to-time parties thereto (the “Lenders”) and the Collateral Agent (as amended, restated, supplemented, replaced, increased, refinanced or otherwise modified from time to time, the “Credit Agreement”);
Pledge AgreementPledge Agreement • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
This PLEDGE AGREEMENT (this “Agreement”) is entered into as of __________, 2022, by, AULT GLOBAL REAL ESTATE EQUITIES, INC., a Nevada corporation, with a primary address of 11411 Southern Highlands Parkway, Suite 240, Las Vegas, NV 89141 (the “Pledgor”) in favor of JGB Collateral LLC, as administrative agent and collateral agent (“Secured Party”) for the Lenders (as defined in the Loan Agreement referred to below) and acknowledged and agreed to by Third Avenue Apartments LLC, a Delaware limited liability company (“Third Ave”).
PLEDGE AGREEMENTPledge Agreement • November 8th, 2022 • BitNile Holdings, Inc. • Electronic components, nec
This Pledge Agreement (this “Agreement”) is entered into as of November __, 2022, by and between BitNile Holdings, Inc., a Delaware corporation, and JGB Collateral, LLC, as collateral agent (“Secured Party”).
